20 CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT b. if safeguards, which can in particular result from contractual clauses, are provided by the controller responsible for the transfer and are found adequate by the competent authorities according to domestic law.” 2. Recommendation of the Committee of Ministers on the protection of personal data in the area of telecommunication services 68. Recommendation No. R (95) 4 of the Committee of Ministers on the protection of personal data in the area of telecommunication services, with particular reference to telephone services, adopted on 7 February 1995, reads, inter alia, as follows: “2.4. Interference by public authorities with the content of a communication, including the use of listening or tapping devices or other means of surveillance or interception of communications, must be carried out only when this is provided for by law and constitutes a necessary measure in a democratic society in the interests of: a. protecting state security, public safety, the monetary interests of the state or the suppression of criminal offences; b. protecting the data subject or the rights and freedoms of others. 2.5. In the case of interference by public authorities with the content of a communication, domestic law should regulate: a. the exercise of the data subject’s rights of access and rectification; b. in what circumstances the responsible public authorities are entitled to refuse to provide information to the person concerned, or delay providing it; c. storage or destruction of such data. If a network operator or service provider is instructed by a public authority to effect an interference, the data so collected should be communicated only to the body designated in the authorisation for that interference.” 3. Report of the Venice Commission 69. In December 2015 the European Commission for Democracy through Law – “the Venice Commission” – published its “Report on the Democratic Oversight of Signals Intelligence Agencies”. The Commission noted, at the outset, the value that bulk interception could have for security operations, since it enabled the security services to adopt a proactive approach, looking for hitherto unknown dangers rather than investigating known ones. However, it also noted that intercepting bulk data in transmission, or requirements that telecommunications companies store and then provide telecommunications content data or metadata to law-enforcement or security agencies involved an interference with the privacy and other human rights of a large proportion of the population of the world. In this regard, the Venice Commission considered that the main interference with privacy occurred when stored personal data was accessed and/or processed by the agencies. For this reason, the computer analysis

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